Happy Thanksgiving from Abnormal Use!

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We here at Abnormal Use and Gallivan, White, & Boyd, P.A. wish you a safe and festive Thanksgiving. To celebrate the occasion, we direct you to the cover of Slimer! #10, published way, way back in 1990. Slimer, as you may recall, is the ghost who “slimes” Bill Murray’s character in the hotel hallway in Ghostbusters. How the wraith earned his own comic book series years later we have no idea. Whatever the case, please enjoy your turkey and tryptophan this weekend.

Thanksgiving in 1810, 1910, and 2014

Here we are again on the Monday before Thanksgiving.  Accordingly, it’s time that we once again direct you to our 2010 Thanksgiving post entitled “Thanksgiving in 1810, 1910, and 2010.”  Back then, in our early blogging days, we somehow unearthed a century old magazine article in which the writer, a resident of 1910, looked back 100 years and marveled at the incredible social and technological change that occurred in the previous ten decades.  That writer also looked forward to 2010 and briefly speculated how we, as citizens of the 21st century, might look back at those who lived in his era 100 years before.   That article struck such a chord with us, and it’s become a Turkey Day tradition for us. So, today, we remind you of it once again and direct you back to it 104 years after its publication. (That neat illustration above – and many others like it – comes directly from the 103 year old article.). Have a look, and let us know what you think.

Friday Links

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 As you know, we here at Abnormal Use adore legally themed comic book covers, so we had to share the cover of Litigious Tales pictured above. It features Groot, a member of The Guardians of the Galaxy, who received massive attention in the film of the same name released this past summer. (If you didn’t see it, see it out. Seriously). The joke is that Groot can only say the phrase “I am Groot.” So, of course, what kind of lawyer could he make? The art is by Francesco Francavilla, and it was apparently prepared for Marvel’s 25th anniversary issue (according to Francavilla’s Tumblr). Thanks to reader Ryan Steans for the tip!

Mental Floss offers us “11 Legal Cases with Crazy Names.” They found some good ones, so take a look.

Sigh. Just two more months of Westlaw Classic. Alas.

Thanks to everyone who came out to see Abnormal Use writers Nick Farr and Jim Dedman present their McDonald’s hot coffee CLE in Charlotte this week!

Don’t Forget! Abnormal Use To Present McDonald’s Hot Coffee CLE In Charlotte Tomorrow!

Don’t forget, folks! GWB attorneys and Abnormal Use bloggers Jim Dedman and Nick Farr will be presenting a CLE for the Mecklenburg County Bar Association on Wednesday, November 19th in Charlotte, North Carolina. That’s tomorrow afternoon! Of course, their topic is “20 Years Later: The Truth Behind the McDonald’s Hot Coffee Trial,” a program which will provide some surprising revelations into the well known trial. It will be held at the Olde Mecklenburg Brewery’s brand new facility. Here’s the good news: You can still register! You can do so by clicking here.

We hope to see you there.

Friday Links

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You know, we here at Abnormal Use have been doing this blogging thing for nearly five years now, can you believe it? For most of that time, we’ve tried to find legally themed comic book covers to post on Fridays. As the years go by, this has become a much more difficult task. Occasionally, we plug in search terms into various comic book websites to locate such covers. Well, this week, we input the search term “witness” into such a site, and we found the cover above, that of The Witness #1, published way, way back in 1948. This, we feel, technically qualifies as a legally themed comic book cover, if only because of the use of the word witness. All we can say: The Witness character is certainly dedicated to maximum verbosity.

Yes, in case you were wondering, we here at Abnormal Use have been listening to the Serial podcast. We recommend it.

Happy belated birthday to Georgia’s Judge Dillard.

Once you become a lawyer, you get lots of call from friends and acquaintances seeking free legal advice. Thus, our favorite tweet of the week is:

“Franklin & Bash” Cancelled

Oh, no! TNT has cancelled “Franklin & Bash,” the legal comedy starring Mark-Paul Gosselaar and Breckin Meyer. Oh, the humanity!

To be honest, we never really watched “Franklin & Bash,” but we do have a connection of sorts to the show.

Way, way back in May of 2011, we here at Abnormal Use interviewed the two leads in the show. Well, that’s probably overstating it.

Let’s try again: Way, way back in May of 2011, we here at Abnormal Use participated in two press conference calls, each with a lead of the show.

We were able to ask one question of Gosselaar:

Abnormal Use:  Hey, Mark-Paul.

Gosselaar:  Hey, there.

AU:  Our readership is made up primarily of lawyers, and I know that you’ve played lawyers in the past, but I wondered what, if anything, you did to prepare for this role.

Gosselaar:  I got a tan. That’s basically it. You know, I mean, I – you know, I’d had my legal fill when I did “Raising The Bar.”  Thankfully, you know, I was able to go with David Feige, who was the creator of that show, and my character was loosely based on him. You know, I went with him and was an intern at the Bronx Defenders for about a week and sort of got my legal, you know, insight during that week, and for the last two seasons. So no, there wasn’t much that I had to question.

But if I did have a question, one of our producers and writers, one of our head writers, Bill Chais, was a defense attorney and a lot of the stories that we deal with on the show are from his background. So, if we ever have questions we have people that we can go to, and that’s always important. And well, I think we’re pretty true to – I mean obviously it’s television, you take some liberties, but I think we’re pretty true to staying true to the sort of legal, call it, the legal frame.

We were also able to ask a question of two of Meyer:

Abnormal Use:  Hi, Breckin.

Meyer:  Hey, how’s it going?

AU:  Good. Our readership is made up primarily of lawyers…

Meyer:  Okay.

AU:  . . . I wonder if I were a client of Franklin and Bash, why would I want your character, Jared, to represent me?

Meyer:  Well, the good thing is with Franklin and Bash, you get both Franklin and Bash. . . .  Jared’s a kid who grew up with a silver spoon in his mouth. His father was a — still is a high powered litigator, and he rebelled against that by not wanting to be a lawyer, but eventually had to accept that it was his calling, but if he’s going to do it he’s going to do it on his own terms. And I think you’d definitely — you’d get lawyering like you hadn’t seen before. How about that?

AU:  Okay. And your character’s been described as quick-witted and scrappy. Do you have anything to add to that description?

Meyer:  Really kind of almost off the chart remarkably good looking. That — I mean that’s not me, that what — I mean, that’s what I’ve heard. . . .Yes, so that’s how I’d describe it.

Those were the days. Goodbye, “Franklin & Bash.”

(We also reviewed the pilot episode here.).

Veterans Day

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We here at Abnormal Use and Gallivan, White, & Boyd, P.A. celebrate the heroism of our nation’s military personnel today, Veterans Day. As we do each year, today, we pause to reflect upon all of the sacrifices made by American servicemen and women and all they have done for the country, both in present times and years past.

To commemorate the occasion, we direct your attention to the cover of Army War Heroes #1, published way, way back in 1963.

Thank you again to our veterans for their service.

Friday Links

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Above, you’ll find the cover of Daredevil #27, published just last year in 2013. As we’ve previously reported, Daredevil’s alter ego is Matt Murdock, a lawyer. On the cover of the issue above, though, we see (who we believe to be) Foggy Nelson, Daredevil’s law partner. How about that? He looks lawyerly, no?

We recently opened (officially) an office in Anderson, South Carolina. You can read more about that festive occasion here.

Well, according to Variety, NBC has canceled “Bad Judge.” Alas. You may remember that our own Nick Farr reviewed the pilot episode.

Yes, we here at Abnormal Use are planning to see Interstellar this weekend.

Here’s our favorite tweet of late (which although not legal in nature speaks much truth):

Colorado Federal Court Considers Motion to Dismiss in Knee Replacement Case

As you know, we here at Abnormal Use love writing and blogging, so much so that our editor Jim Dedman is now contributing posts to other venues.  Recently, his piece, “Colorado Federal Court Considers Motion to Dismiss in Knee Replacement Case,” was published in an October 2014 issue of the Defense Research Institute’s The VoiceHere are the first two paragraphs of the article:

Recently, a Colorado federal court considered a motion to dismiss in a medical device product liability action arising from a plaintiff’s allergic reaction to a cobalt and nickel knee replacement system. See Haffner v. Stryker Corp., et al, No. 14-CV-00186, 2014 WL 4821107 (D. Colo. Sept. 29, 2014) (unpublished). Observing that there appeared to be “few medical device tort cases in Colorado,” the court addressed the defendant’s motion to dismiss the plaintiff’s four causes of action: strict product liability, negligent product liability, the breach of implied warranties of merchantability and fitness, and the breach of an express warranty.

The case arose after the plaintiff underwent a surgical procedure in which his left knee was removed and replaced with a knee system manufactured by Stryker Corporation. The plaintiff alleged that he was unaware of his apparent allergy to cobalt and nickel, certain components of the system. As a result of his allergy, he experienced a reaction that caused “pain, inflammation, swelling, bone loss, and limited mobility.” He ultimately underwent a revision surgery to ameliorate the issue and to replace the original knee system. The plaintiff filed a product liability lawsuit in the state court in Colorado, but as you might suspect, the defendants removed the case to the federal court.

You can read the rest of the article here.

Friday Links – Halloween Edition

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Happy Halloween from the Abnormal Use law blog and Gallivan, White, & Boyd, P.A.! We hope that our lawyers readers will pause today from their depositions and drafting to celebrate the day, eat some candy, and seek out non-case related scary things. While we usually post legal tidbits at the end of each week, today is no ordinary edition of Friday Links. Today, as we have done in the past, we showcase the home of one of our law firm’s partners and the festive decorations he has prepared for the occasion. Take a look!

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You may remember that last year for Halloween we shared a similar round of photographs from this very same home. Compare and contrast them, if you wish!

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Please, everyone, be festive, and most importantly, be safe on this fateful Halloween night. We’d love to hear your Halloween stories, as well, so comment below, if you like.

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